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Employment
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May 09, 2024
Nike Denied Nursing Workers Lactation Spaces, Suit Says
Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.
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May 09, 2024
'You Have To Engage,' Judge Tells Attys In Damages Debate
A Georgia federal judge on Thursday chided attorneys for a man hoping to beat back a challenge to a $3.4 million discrimination verdict he won last year, saying that they needed to put a little more sweat equity into their filings if they hoped to keep their hefty judgment whole.
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May 09, 2024
NYC Denies IVF Coverage To Gay Male Workers, Court Told
New York City unlawfully discriminates against gay male employees by refusing to cover in vitro fertilization under its healthcare plan while providing heterosexual and lesbian workers with those benefits, according to a proposed class action filed Thursday in federal court.
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May 08, 2024
Boeing Again Seeks Exit From Suit Over Love-Triangle Murder
The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.
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May 08, 2024
Texas Univ. Says Rules, Not Sex Bias, Behind Coach Firing
The University of Texas Rio Grande Valley pushed back Wednesday against a former assistant tennis coach who accused the school of firing her because of her sexual orientation, arguing that she was dismissed for violating its policy while traveling for a tournament.
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May 08, 2024
GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo
A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.
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May 08, 2024
EEOC Atty Highlights Top PWFA Compliance Challenges
U.S. Equal Employment Opportunity Commission legal counsel Carol Miaskoff gave her take Wednesday on some notable compliance challenges the Pregnant Workers Fairness Act will pose for employers, pointing to areas where numerous laws may overlap and the requirement that workers core tasks could be paused.
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May 08, 2024
Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit
An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.
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May 08, 2024
Wash. Justices Decline Personal Injury Atty's Fee Split Spat
Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.
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May 08, 2024
Colo. Sheriff Fights State Law That Let His Deputies Unionize
A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.
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May 08, 2024
Duke Doctor Partially Resuscitates NC Firing Suit
The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.
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May 08, 2024
4th Circ. Says Purpose Of Inmate Labor Affects Classification
The primary purpose of prisoners' work at a Baltimore County recycling plant should determine whether a group of incarcerated people were employees under federal law, a Fourth Circuit panel ruled Wednesday, rejecting the county's view that any amount of rehabilitative-oriented work spared it from minimum wage obligations.
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May 08, 2024
4th Circ. Asks If High Court Ruling Bars Credit Suisse Tipster
A Fourth Circuit panel questioned Wednesday whether a U.S. Supreme Court ruling prevented it from reviving a whistleblower case by a former Credit Suisse employee alleging the bank helped U.S. citizens evade taxes after paying a $2.6 billion criminal penalty.
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May 08, 2024
Coldwell Banker's Lockboxes Draw BIPA Suit
Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.
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May 08, 2024
8th Circ. Grapples With What Triggers An EFAA 'Dispute'
The Eighth Circuit seemed skeptical Wednesday of Chipotle's argument that the date of a worker's alleged sexual assault is the linchpin for determining whether a law limiting mandatory arbitration shields her lawsuit, but receptive to the notion that a "dispute" could have occurred before she filed the case in court.
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May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low
A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
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May 08, 2024
Oil Field Workers File Proposed Class Suit Over Unpaid Wages
Three oil field workers have slapped their employers with a proposed collective and class action in Texas federal court accusing the companies of failing to pay overtime and straight-time wages to hourly, day rate and salaried workers in violation of the Fair Labor Standards Act.
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May 08, 2024
NJ Court Reverses Order Piercing School Board Atty Privilege
A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.
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May 08, 2024
Dems Propose Scrapping Title VII Damages Caps
House and Senate Democrats unveiled legislation Wednesday that would eliminate ceilings on the amount of damages workers can receive under federal civil rights law if a jury finds they've been discriminated against, a proposal the lawmakers say would correct outdated limits.
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May 08, 2024
Mass. Justices May Give Green Light To Tip Ballot Measure
Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.
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May 08, 2024
Lighting Co. Reaches Deal To End Parental Leave Suit
A lighting company struck a deal with a former project manager who accused the company of firing him because he asked to take parental leave after his child was born and he was then stuck in Egypt at the outset of the pandemic, a Massachusetts federal court filing said.
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May 08, 2024
Catholic School Defeats Gay Teacher's Bias Suit At 4th Circ.
The Fourth Circuit on Wednesday struck down a gay drama teacher's win in his suit alleging he was unlawfully fired by a Catholic school after announcing his wedding on Facebook, finding that his job entailed responsibilities that triggered a religious exception to anti-discrimination law.
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May 07, 2024
Gov't Enforcement Concerns Employers, Littler Report Finds
Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.
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May 07, 2024
10th Circ. Finds 'Religious Animus' In School's Vaccine Rules
The Tenth Circuit ruled Tuesday that the University of Colorado System's policies regarding COVID-19 vaccine exemptions violated constitutional religious liberty protections, saying its rules were motivated by "religious animus" and should have been blocked by a trial court.
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May 07, 2024
5th Circ. Urged To Reject Challenge To Board Diversity Rule
The NAACP Legal Defense and Educational Fund urged the Fifth Circuit not to upend a Nasdaq Stock Market rule meant to encourage corporate board diversity, saying in a brief Monday that the rule's opponents have staked out a "radical" position on the equal protection clause of the U.S. Constitution that threatens to "entrench ... barriers to opportunity."
Expert Analysis
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Lessons Learned From 2023's Top ADA Decisions
This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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Cos. Should Be On Guard After Boom In Unfair Labor Claims
The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.
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3 Developments That Will Affect Hospitality Companies In 2024
As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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10 Steps To Reduce Risks From AI Employment Tools
In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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What Employers Can Learn From EEOC's 2023 ADA Priorities
Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.
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Hoopers In NCAA Suit Respark Eligibility Framework Debate
A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.
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Practical Insights For Employers Using AI
Keeping up with the relentless pace and evolution of regulatory and legislative artificial intelligence in 2023 has been a challenge for employers, but there are four takeaways employers using AI in the workplace should consider by looking toward developments like the European Union's AI Act and President Joe Biden's AI executive order, say attorneys at Gibson Dunn.
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Lessons From DOJ's Wave Of Labor Market Prosecutions
Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.
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Starbucks Raise Ruling Highlights Labor Law Catch-22
A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.